Before we dive into this guide I wanted to give you a cheat sheet to the common legal terms that we hear in blogger-land. I spend a lot of time online and unfortunately the “internet” gets it wrong. Completely.
This list will help you get started, but I will add to it from time to time.
Copyright :: A copyright protects the expression of your ideas (yea, I know it’s legal-ish). For you, dear blogger, that includes your blog content and original photos. You own the copyright the moment that you published the work. You can only sue for infringement in federal court if you are registered with the U.S. Copyright Office. Additionally, if you registered your work either before infringement or within three months of publication you can receive statutory damages. The exact amount of damages will be determined by the Court but the range is established by the U.S. Copyright Act.
Copyright Notice :: A statement on the blog letting your visitors know that you are the copyright owner of your work.
Copyright License :: When a copyright owner grants permission to another person to use his or her copyright-protected work.
Reprint/Permission Statement :: A statement on your blog that lets visitors know your policy for republishing and sharing your work with others.
Trademark :: Your logo, brand name, taglines or other elements of your brand may be protected by a trademark. (So can sound and, in some instances, color but those aren’t as common for bloggers). The trademark means that you own the mark as it relates to the specific service or product that you offer. There is no such thing as a blanket trademark.
Trademark License :: When a trademark owner grants permission to another person to use his or her trademark.
Libel :: Publishing an untrue written statement about someone that is damaging to their reputation.
Slander :: Making an untrue oral statement about someone that is damaging to their reputation. Podcasters and Vloggers this applies to you.
Defamation :: Maliciously making an untrue statement about someone that is damaging to their reputation. Includes libel and slander.
Right of Privacy/Invasion of Privacy :: A person has the right to live their own life free from interference and annoyance.
Personality Rights/Publicity Rights :: A person’s right to control the commercial use of his/her name, image, likeness or other aspect of identity.
.com Disclosure :: Disclosures that must be made when advertising online including sponsorships and endorsements opportunities that bloggers may have with brands. The rules are provided by the Federal Trade Commission (FTC).
Privacy Policy :: A policy on your blog that tells visitors how you will collect, use, disclose and manage the information received on your website.
Terms of Use :: A policy that lays the ground rules for your blog. For example, do you moderate comments? Under what circumstances will you remove a comment?
CAN-SPAM Act :: The law that dictates the requirements for email marketing. If you are collecting email addresses on your site, or email people in masses, then you must be clear on your obligations.
Digital Millenium Copyright Act (DMCA) Take Down Notice :: DMCA is the law that protects an Internet Service Provider (ISP) when there is infringing content unknowingly posted on a website. The copyright owner can send a DMCA take down notice to the infringer’s ISP notifying them of the infringing removal and requesting it’s removal.
That’s it for now. Are you ready to dig in?
This post is a part of the iBlog legal series. Read the rest of the series here.